ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 24 January 2020 DOCKET NUMBER: AR2018000601 APPLICANT REQUESTS: * cancellation of debt from the Student Loan Repayment Program (SLRP) * recoupment of debt paid to date APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * NGB Form 22 (National Guard Report of Separation and Record of Service) * Statement of Medical Examination and Duty Status * Notification of Incentive Eligibility Termination * National Guard Bureau (NGB) Exception to Policy (ETP) * Notification of ETP FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code, section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: * his SLRP was terminated and he received a debt of $4,583.14 for an annual payment he received for Fiscal Year 2012 * he is requesting the debt be recouped * his SLRP was terminated due to separation/discharge prior to completion of initial skills training and failure to attend Initial Entry Training (IET) within 24 months * he completed his initial skills training and graduated on 1 December 2011 * the reason for the termination was due to a medical condition rheumatoid arthritis, which he incurred in the line of duty * in accordance with NGR 600-7, paragraph 1-26, Section A number 5, he believes his case should qualify for termination without recoupment * he filed an ETP on 24 February 2015 and was denied because the Army National Guard (ARNG) doesn't have the authority to approve 3. The applicant's service records contain the following documents for the Board's consideration: a. An Enlistment/Reenlistment Agreement ARNG Service Requirements and Methods of Fulfillment, dated 28 June 2011, which shows: * the applicant would attend Basic Combat Training at Fort Jackson, South Carolina * his contracted Military Occupational Specialty (MOS) was 09S Commissioned Officer Candidate * he was signing up for the SLRP b. Annex L to DD Form 4, SLRP Addendum ARNG, dated 28 June 2011, which shows: * the applicant was enlisting in the MOS 09S * he could be suspended from the SLRP if he withdraws from Officer Candidate School (OCS) * if he withdraws from OCS, he must attend Advanced Individual Training (AIT) within 180 days of withdrawal from OCS * the suspension would be lifted upon finishing AIT * the SLRP would be terminated if the applicant failed to become duty MOS qualified within 24 months * the SLRP would be terminated if the applicant was separated from the ARNG * the SLRP would be terminated with recoupment if the applicant failed to earn a commission or become MOS qualified and was subsequently discharged 4. The applicant provides the following documents for the Board's consideration: a. A DD Form 214 which shows: * the applicant was a member of the ARNG * he entered active duty on 19 September 2011 * he separated from active duty on 2 December 2011 * he was stationed at Fort Jackson, South Carolina * the reason for separation was release from active duty training for basic combat training b. An NGB Form 22, which shows: * he enlisted on 28 June 2011 * he separated on 4 September 2013 * his net service that period was 2 years, 2 months, and 7 days * in item 18 (Remarks) the comment "RE-3 due to failure to attend Initial Entry Training (IET) within 24 months * the authority and reason for separation was failure to attend IET within 24 months * his character of service was uncharacterized c. A DA Form 2173 (Statement of Medical Examination and Duty Status dated 4 May 2012, which shows: * the nature of the examination was disease * permanent and total disability may result from the disease * he was diagnosed with Rheumatoid Arthritis d. A memorandum from Joint Force Headquarters, Oregon ARNG, dated 26 February 2016, which states: * his SLRP contract was terminated with recoupment * the reason for termination was for accepting separation from the Oregon ARNG prior to completion of Initial Active Duty Training * recoupment was required for the one annual payment made to the applicant's loan agency * termination of the SLRP was in accordance with ARNG Selected Reserve Incentive Program Guidance e. A memorandum from NGB, dated 15 March 2016, subject Request for ETP for SLRP for the applicant, which states: * an ETP to retain the $50,000 SLRP was disapproved * the disapproval was because the applicant separated prior to completion of initial skill training * the ARNG does not have the authority to approve the request f. A memorandum from Joint Force Headquarters, Oregon ARNG, dated 25 March 2016 informing the applicant of the results of the NGB ETP. 5. See below for the applicable reference(s). BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records, and regulatory requirements. The Board noted the facts presented above. Based on a preponderance of evidence, the Board determined that there was no error or injustice in the applicant’s SLRP debt. 2. After reviewing the application and all supporting documents, the Board found that relief is not warranted. ? BOARD VOTE: BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. REFERENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Department of Defense Instruction 1205.21 (Reserve Component Incentive Program Procedures) states in Enclosure 8 paragraph E8.1.1.1, I fully understand that I shall not become entitled to the initial loan repayment, or any subsequent repayment of my qualifying student loans, until such time as I have graduated from secondary school and completed Initial Active Duty for Training (IADT), including military specialty qualification or sufficient training to be deployable. 3. NGR 600-7 (Selected Reserve Incentive Programs (SRIP)), governs policies and procedures for the administration of the ARNG SRIP programs. In paragraph 1-26a(5), separation from the ARNG or transfer from the designated bonus position because of death, injury, illness, or other impairment that is not the result of misconduct by the soldier, termination will be without recoupment. ABCMR Record of Proceedings (cont) AR2018000601 3